Madras High Court
K.Lakshmanaperumal vs The District Collector on 28 October, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.P.(MD) No.25552 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.25552 of 2024
K.Lakshmanaperumal .. Petitioner
Vs.
1.The District Collector,
Dindigul,
Dindigul District.
2.The District Revenue Officer,
O/o. The District Revenue Office,
Dindigul, Dindigul District.
3.The Revenue Divisional Officer,
O/o. The Revenue Divisional Office,
Dindigul, Dindigul District.
4.The Tahsildar,
O/o. The Tahsildar Office,
Dindigul East, Dindigul District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the fourth
respondent to issue patta in favour of the petitioner in respect of Survey
No.695/Part to an extent of 15 Acres and 65 Cents situated at Sirumalai
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W.P.(MD) No.25552 of 2024
Village, Dindigul East Taluk, Dindigul District in the light of Judgment
dated 06.12.1985 made in CMA.No.20 of 1985 on the file of the District
Court, Dindigul and in the light of G.O.Ms.No.84, Environment Climate
Change-Forest (FR.14) Department dated 02.05.2022 and by considering
the petitioner's representations dated 30.05.2023 and 05.06.2023 within
the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
For Respondents : Mr.P.Thambidurai
Government Advocate
ORDER
The petitioner has filed this writ petition for a mandamus to the
fourth respondent to issue patta in his favour in respect of Survey No.
695/Part to an extent of 15 Acres and 65 Cents situate at Sirumalai
Village, Dindigul East Taluk, Dindigul District in the light of the
Judgment dated 06.12.1985 made in CMA.No.20 of 1985 on the file of
the District Court, Dindigul and in the light of G.O.Ms.No.84,
Environment Climate Change-Forest (FR.14) Department, dated
02.05.2022 and by considering the petitioner's representations dated
30.05.2023 and 05.06.2023.
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2. The petitioner's predecessors in title had established their right
to the property comprised in S.No.695/Part to an extent of 15 Acres and
65 Cents situate at Sirumalai Village, Dindigul East Taluk, Dindigul by
cultivating banana, lemon, coffee and other trees and in which lands, the
petitioner is now in possession. A preliminary notification under Section
4 of the Tamil Nadu Forest Act, 1882 (hereinafter called “the Forest
Act”) for constituting Sirumalai West Forest Block-1 to an extent of
22204.49 Acres was approved by the Government and was also
published in the Government Gazette on 31.08.1977. Since the notice
included the petitioner's patta land, he has petitioned the Forest
Settlement Officer, Dindigul vide Claim No.14/78 seeking the deletion of
the aforesaid lands. This was rejected by the Forest Settlement Officer
by his order dated 07.09.1979. Thereafter, the petitioner had preferred an
appeal to the District Judge, Madurai North in C.M.A.No.90 of 1982,
which was allowed by order dated 06.10.1982 with a direction to the
Forest Settlement Officer to consider afresh the issue. After considering
the issue, the Forest Settlement Officer passed an order dated 30.04.1985
excluding the aforesaid lands from the area notified under Section 4 of
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the Act for the Constitution of the proposed Sirumalai West Forest
Block-1. The District Forest Officer filed an appeal in C.M.A.No.20 of
1985 before the District Court, Dindigul and the same was dismissed by
order dated 06.12.1985 confirming the order passed by the Forest
Settlement Officer. In pursuance of the above, the Special
Tahsildar/Forest Settlement Officer by proceedings dated 29.10.2010 had
sent a proposal to the Principal Chief Conservator of Forests, Chennai for
approving the draft notification under Section 16 of the Act. A rectified
revised proposal was also submitted by the Special Tahsildar/Forest
Settlement Officer by his proceedings dated 13.02.2017 excluding the
petitioner's land, which was approved and based on this revised proposal,
the Additional Chief Secretary to Government, Environment, Climate
Change and Forests Department by proceedings dated 02.05.2022
declared the area and boundaries situate in Sirumalai West Forest
Block-1 as Reserve Forest with effect from 08.06.2022 and the land of
the petitioner was excluded and as such, the petitioner was declared as
the absolute owner of the property. Therefore, the petitioner is entitled to
patta.
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3. Learned counsel for the petitioner would submit that after the
order of the Forest Settlement Officer, dated 30.04.1985 and the order of
the District Judge, Dindigul in C.M.A.No.20 of 1985, the authorities are
bound to issue patta, as the petitioner's right to the property has been
confirmed. Despite the petitioner's several representations for the issue
of the patta, the same has not been considered. The first such
representation was made on 24.11.2022. Therefore, the petitioner is
before this Court.
4. The learned Government Advocate would submit that the
respondents will have to examine the documents and assess the rights of
the petitioner and thereafter, issue patta.
5. Heard the learned counsel on either side.
6. The stand taken by the respondents cannot be countenanced for
the simple reason that the petitioner's right to the property in question has
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been affirmed twice both by the Forest Settlement Officer and the civil
Court. The Forest Settlement Officer, who is the interested party, having
himself excluded the property in question from the area notified under
Section 4 of the Act for the constitution of the proposed Sirumalai West
Forest Block, the revenue authorities cannot try to place obstacles.
Therefore, this Writ Petition is allowed and a mandamus is issued to the
fourth respondent to issue patta to the petitioner on or before 18.11.2024.
No costs.
7. Post this matter 'for reporting compliance' on 19.11.2024.
28.10.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
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To
1.The District Collector,
Dindigul,
Dindigul District.
2.The District Revenue Officer,
O/o. The District Revenue Office,
Dindigul, Dindigul District.
3.The Revenue Divisional Officer,
O/o. The Revenue Divisional Office,
Dindigul, Dindigul District.
4.The Tahsildar,
O/o. The Tahsildar Office,
Dindigul East, Dindigul District.
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P.T.ASHA, J.
abr
Dated: 28.10.2024
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